Terms and Conditions

INTRODUCTION

This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website (the “Site”). The terms, “we,” “us,” and “our,” represents Active Inc., dba VmaxFitness.com together with its affiliates and subsidiaries. By using or shopping from this Site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

USE OF THE SITE AND PROHIBITIONS

The Site is provided and made available to you free-of-charge. However, you are prohibited to do the following acts: (a) use our Site, including its services and or tools if you are not able to form legally binding contracts, are under the age of 19, or are temporarily or indefinitely suspended from using our Site, services, or tools (b) posting of items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 19 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.

PAYMENTS AND PAYMENT PROCESSES

VmaxFitness.com has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by VmaxFitness.com prior to the latter’s consideration of an order. Acceptance of the order and a contract with us will only be formed when we send you an email confirming the shipment of your order. Orders will be shipped by UPS Ground within 1-2 business days after confirmation of payment. Unless a credit term has been agreed upon, payment for the products shall be made by credit card, PayPal or wire transfers. VmaxFitness.com has all the discretion to cancel or deny orders. VmaxFitness.com is not responsible for pricing, typographical, or other errors in any offer by VmaxFitness.com and reserves the right to cancel any orders arising from such errors.

ORDER CANCELLATION

You may cancel an order within 30 days, beginning on the date that you received the products. In such cases, we will provide a full refund of the total prices paid for the products minus shipping costs. A refund will be issued for undamaged products returned to us with all accessories and manuals, in its original box and together with proof of purchase. Do not sign for receipt of any damaged goods. Signing for receipt of any package is acknowledging that the product is received in good condition. You are required to pay for the costs associated with returning the products to us under the applicable return policy, unless they are not the products that you ordered, in which case, we will bear the costs to return the products in question to us. All requests for cancelling an order must be emailed to support@vmaxfitness.com.

RISK OF LOSS

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING, DESCRIPTION AND AVAILABILITY OF PRODUCTS
The List Price and Availability displayed for products on our website are subject to change without notice. In cases of mispricing in our Site in which the item’s correct price is higher or lower than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. You agree that we may cancel your order without penalty if we are unable to ship the product you ordered due to product mispricing or unavailability.

We do not warrant that product descriptions or other content of this site is complete, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.

EDITING, DELETING AND MODIFICATION OF TERMS

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new Agreement on our site. Your continued participation in our Site, visit, and shopping in our Site following our posting of a change notice or new Agreement on our site will constitute binding acceptance of the change, whether or not you have actually reviewed them. We will notify you of the date these Terms and Conditions have been updated at the bottom of this page.

ACKNOWLEDGEMENT OF RIGHTS

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.

DISCLAIMER AND LIMITATIONS OF LIABILITY

This website is provided “as is” without any representations or warranties, express or implied. VmaxFitness.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, VmaxFitness.com does not warrant that: (a) this website will be constantly available or available at all; (b) the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

Our liability for losses any customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: (a) to the extent that the website is provided free-of-charge, for any direct loss; (b) for any indirect, special or consequential loss; (c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if VmaxFitness.com has been expressly advised of the potential loss. However, nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit VmaxFitness.com’s liability in respect of any:
death or personal injury caused by VmaxFitness.com’s negligence;
fraud or fraudulent misrepresentation on the part of VmaxFitness.com; or
matter which it would be illegal or unlawful for VmaxFitness.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

NON-WAIVER

Failure of VmaxFitness.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of British Columbia, without any reference to conflict-of-laws principles.

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of British Columbia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

These Terms and Conditions were last revised and made effective on: April 26, 2012